Hardy v. Miller

The appellees are husband and wife, and prosecute this action for the review and vacation of a decree of foreclosure rendered on default against them upon a mortgage executed to Ainsworth H. Byrns, who has died since the rendition of the decree. The appellants are the heirs and the administrator of the deceased mortgagee.

The ground upon which the appellees place their right to the relief sought is, that Elizabeth Miller is a married woman, whose interests have been severed from those of the husband by an adjudication in bankruptcy, and that she was, therefore,, *441entitled to a decree that the…